Rogers v. Wm. Rogers Mfg. Co.

• Court: U.S. Court of Appeals — Second Circuit
• Citation: Rogers v. Wm. Rogers Mfg. Co., 70 F. 1019 (2nd Cir. 1895)
• Decision Date: 18 December 1895
• Parties: ROGERS v. WM. ROGERS MANUF'G CO.

70 F. 1019

ROGERS v. WM. ROGERS MANUF'G CO.

United States Court of Appeals, Second Circuit.

December 18, 1895

Wm. C Beecher, for appellant.

Chas E. Mitchell and Hiram R. Mills, for appellee.

Before WALLACE and SHIPMAN, Circuit Judges.

SHIPMAN Circuit Judge.

William A. Rogers has sold for a number of years, in the city of New York, small hardware and cheap spoons. In July, 1894, he engaged R. Wallace & Sons Manufacturing Company, a manufacturer of silver-plated ware, to make for him and prepare for market teaspoons, tablespoons, and forks plated upon steel. They were put up in boxes of the ordinary size and shape used for similar ware, which were labeled, 'Wm A. Rogers, N.Y.,' and the stamp 'Wm. A. Rogers' was upon the back of each article. They were called 'Brunswick,' and were the cheapest known grade of silver-plated ware. The manufacturer made and sold the same grade of goods at a very cheap price under the name of 'Victoria.' The defendant sold the Brunswick at a low price, but higher than the manufacturer asked for his Victoria, and for one-fourth or one-fifth of the price which the complainant obtains for its genuine Rogers goods. In October, 1894, Rogers stopped the manufacture of Brunswick goods, because they were too poor and obtained goods which he named 'Belmont,' which were also of a low grade, but of a better quality than the Brunswick, and were labeled and stamped in the same way. There are indications in the...